Turning 18 can create a legal void for families

Legal aid leaders say pro bono lawyers can help young adults with developmental disabilities maintain vital support through guardian advocacy

When young adults with developmental disabilities turn 18, parents who have spent a lifetime helping them manage medical, financial, and other important decisions can suddenly lose the legal authority to do so. For lawyers seeking a high-impact pro bono opportunity that can require as little as 10 hours total, helping families establish guardian advocacy agreements offers a way to bridge that gap, says Leslie Powell-Boudreaux, executive director of North Florida Legal Services.

Appointment of a guardian advocate (F.S. §393.12) — a less-restrictive alternative to full guardianship — is for people who were diagnosed prior to age 18 with an intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome. A guardian advocate has the legal authority to assist such individuals with decision-making tasks in specific areas where they need support, such as maintaining their medical care or financial management.

“When they turn 18, no one else has any right to make those decisions for them, even if they want them to. If their biological or lawful parent wants to help them open a bank account or manage their finances at the bank, without a document saying they have the authority to do that, they can't do it,” says Powell-Boudreax.

The pro bono volunteer assists the client, usually an 18-year-old, and the adult who will serve as guardian advocate in navigating the legal process. The volunteer meets either in person or remotely with the young adult to determine whether he or she qualifies for a guardian advocate; then meets with and vets the guardian advocate to assess whether they seem capable and well-intentioned. If so, “it’s a matter of putting together some simple paperwork,” she says.

Compared to traditional guardianship, the process for appointing a guardian advocate is less restrictive, less strenuous, and less expensive, says Powell-Boudreaux. A key difference between the two processes is traditional guardianship usually requires an attorney to be involved in the case for the rest of the client’s life, submitting regular reports for judicial oversight.

“The statute was created so that a lawyer is not needed to do any future reporting,” says Powell-Boudreaux. “They can step in for a few hours and set something up so that that young person is able to succeed with just this little bit of support that the court's able to give them.”

Powell-Boudreaux recommends the website Turning18.org, created by Southern Legal Counsel, as an excellent resource for pro bono volunteers. The website explains options and provides the forms required by statute.

“Once the pleadings are together, then it's just a matter of filing them. Usually there's a brief hearing with the judge to make sure that everyone shows up and agrees that this is what everyone wants and that the child qualifies under the statute. Then the order gets entered. That's the extent of it,” she says.

Guardian advocates are authorized under a supported decision-making agreement (F.S. §709.2209), to obtain information, such as protected health information or confidential financial information, and communicate the client’s decisions and directions on their behalf.

Powell-Boudreaux says that legal aid offices are hearing of a “great need,” and urged the Bar’s Board of Governors during its May 15 meeting to get involved with pro bono guardian advocacy service through their local legal aid organization.